District Attorney Peter Weir said Wednesday that James Davies’ death was a tragedy but not one in which anyone should be charged.

Davies was among several officers responding to a scene where shots were fired around 1 a.m. Nov. 9. Davies was in the backyard of one home when officer D.J. Braley, who was behind a fence in another yard, mistook Davies for an armed suspect and issued commands to the person. Police say Davies was fatally shot after failing to respond, apparently unaware Braley was addressing him.

Police arrested Joe Anthony Ruiz in connection with the shots fired. He was charged with possession of a weapon by a previous offender.